Friday, March 26, 2010

To wig or not to wig?

It's been too long since I sought your opinion on matters of grave importance, so I have a question for you.

I have a barrister's wig, it belonged to my great- great-grandfather, George Digby Pepys. Right now, it sits in its original tin in my study at home.

Lately, people (defense lawyers and fellow ADAs alike) have been ribbing me about wearing it in trial. I assumed they were all joking until one young lawyer put a case on our jury docket and sincerely urged me to do it.

Now I'm suspicious.

To me it's a symbol of a venerable profession and he (or she) who wears a barrister's wig is accorded a certain degree of respect. But if he's urging me to wear it... does he think I'd look ridiculous? Pretentious? When jurors hear the accent and see the wig will they just laugh and nudge each others? Is that what the wig has become?!?

So I'm asking you. Assume the judge allows it and the defense lawyer and his client do not object. What would you think of a prosecutor who wears a wig in trial?

16 comments:

I would assume that you were part of a very special episode of Matlock, wherein his third cousin once removed on his momma's side comes over the pond to help save an innocent client headed for a long sentence "up the river". Except that you would be arguing on the wrong side for that to work out.

Or else, I'd wonder if this QC from London knows anything about US laws.

I'm torn. I think it might be distracting. My focus as a juror might be on you rather than the case. (Of course that could be a good thing, haha.) OTOH, it would be neat. Especially with cowboy boots. :)

Personally, I would be amused. But as a lawyer, I would be concerned with it influencing the jury. If I were on the jury, i'd be distracted by wondering a. If you were crazy, b. how old the wig was, c. where it came from and d. if it made your head itch. So I'd be one distracted juror.

After 19 years in law enforcement in Texas and countless hours spent in court testifying on everything from misdemeanors to capital felonies, if I saw a limey prosecutor in a wig in a Texas courtroom, it would definitely be a first. I also think it would be a hoot. You should give it a go.

I can't imagine any court allowing you to do that. While it would be totally appropriate in the U.K., it's not so in the U.S.

If I were the defense attorney, I'd be asking the court whether you thought the proceedings were a joke.

It's not that I don't have a sense of humor. I nearly wore a barrister's wig to my law school graduation. One of my friends DID do it. My wife, however, threatened to kill me -- and she was actually not very happy that I was seriously considering it.

But not in a courtroom. I'm sorry. Not even remotely professional.

On another note, I'm going to go ahead (for now, anyway) and add you to my blogroll. If nothing else, you'll make me look better. (I'm kidding -- except for the part about adding you.)

Comments posted to this blog are NOT the opinion of the Travis County D.A.'s office, under any circumstances. They are only the personal, non-representative opinion of D.A. Confidential if posted under his name.I welcome all comments, as long as they are expressed with politeness and respect. I will delete all comments that I deem to be personal attacks, or that are posted merely to antagonize or insult.

The first in the Hugo Marston mystery series:

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Mark Pryor is a former newspaper reporter from England, and now a prosecutor with the Travis County District Attorney's Office, in Austin, Texas.
He is the author of the Hugo Marston mystery series, set in Paris, London, and Barcelona.
The most recent is THE SORBONNE AFFAIR, a "flawlessly constructed whodunit," according to Booklist. His previous novel in the series was THE PARIS LIBRARIAN, which the Toronto Globe & Mail says “has it all… a finely structured plot that’s one of Pryor’s best books yet.” The first Hugo Marston novel, THE BOOKSELLER, was a Library Journal Debut of the Month, and called "unputdownable" by Oprah.com, and the series has been featured in the New York Times.
Mark is also the author of the psychological thriller, HOLLOW MAN, and its sequel, DOMINIC, published in January of 2018. He also created the nationally-recognized true-crime blog 'D.A. Confidential.' As a prosecutor, he has appeared on CBS News's 48 Hours and Discovery Channel's Discovery ID: Cold Blood.